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B-325351 1 (2014-04-25)

handle is hein.gao/gaobadqgn0001 and id is 1 raw text is: AComptroller General U.S. GOVERNMENT ACCOUNTABILITY OFFICE of the United States United States Government Accountability Office Washington, DC 20548 B-325351 April 25, 2014 The Honorable Richard C. Shelby Vice Chairman Committee on Appropriations United States Senate Subject: Commodity Futures Trading Commission-Fiscal Year 2013 Transfer Authority Dear Mr. Vice Chairman: This responds to your request for our opinion concerning whether the Full-Year Con- tinuing Appropriations Act, 2013 (2013 Appropriations Act) granted the Commodity Futures Trading Commission (CFTC) authority to transfer amounts from a particular line-item appropriation. Letter from Vice Chairman, Committee on Appropriations, United States Senate, to General Counsel, GAO (Nov. 13, 2013). In section 744 of the Financial Services and General Government Appropriations Act, 2012 (2012 Financial Services Act), Congress granted CFTC authority to transfer up to $10 million from a line-item appropriation available only for information technology investments (Line-Item Appropriation) and to use the amounts to pay for salaries and expenses. CFTC asserts that the 2013 Appropriations Act carried section 744 forward into fiscal year 2013. Letter from General Counsel, CFTC, to Assistant Gen- eral Counsel for Appropriations Law, GAO (Jan. 8, 2014) (CFTC Letter). As discussed below, we conclude that the 2013 Appropriations Act did not carry for- ward the section 744 transfer authority. The 2013 Appropriations Act, as a general matter, carried forward many of the provisions of the 2012 Financial Services Act. However, as explained below, the section 744 transfer authority was not included among these provisions. Pub. L. No. 113-6, div. F, § 1313, 127 Stat. 198, 418. CFTC should adjust its accounts in accordance with this opinion. In accordance with our regular practice, we contacted CFTC to develop a factual record and obtain its legal position on this matter. Letter from Assistant General Counsel for Appropriations Law, GAO, to General Counsel, CFTC, Dec. 20, 2013; GAO, Procedures and Practices for Legal Decisions and Opinions, GAO-06-1064SP (Washington, D.C.: Sept. 2006), available at www.qao.,qov/leqal/lawresources/ resources.html. CFTC provided us a letter with additional information and its legal views. CFTC Letter. At the request of CFTC and Office of Management and Budget